Twenty-First Century Procedure (Aspen Casebooks)

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 6.27 MB

Downloadable formats: PDF

In fed courts upon a showing by def of burden of production, prosecutor then has burden of proof to show def's predisposition. On motion of the prosecuting attorney or the defendant, the court may order the proceedings in a criminal prosecution transferred to a competent court in another county in any of the following cases: (a)If the county in which the prosecution is pending is not one of the counties specified in sections 5.1-5.6; (b)If there is reason to believe that an impartial trial cannot be had in the county in which it is pending; (c)If all the parties agree and if the convenience of material witnesses and the ends of justice will be promoted thereby.

Pages: 1456

Publisher: Aspen Publishers (April 3, 2013)

ISBN: 1454819529

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The motion shall specify the alleged defects of the complaint or information and the details desired. (10a) Section 10. Production or inspection of material evidence in possession of prosecution. � Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, objects or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies. (11a) Section 11 ref.: Criminological Theory: A Life-Course Approach Criminological Theory: A Life-Course. Revision may only be exercised for good reasons and between the limits and spirit of the legislation. There can be no recourse to revision when the matter is appealable and no appeal is lodged. The court will not act in revision where the matter is pending appeal. The court would not allow efforts to go around provisions which bar appeals by attempting to get cases reviewed unless there are obvious illegalities or miscarriages of justice and revision is not an alternative to an appeal , cited: Convicting the Innocent: Where download for free

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